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Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu

Sentencing Judgment , 19 Jul 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone

The Armed Forces Revolutionary Council (AFRC) represented the rebel opposition group to the government of President Kabbah who was overthrown following a coup by the AFRC and Revolutionary United Front, the RUF, which formed a military junta to rule the people of Sierra Leone.

Brima, Kamara and Kanu were members of the AFRC, convicted by Trial Chamber II for commission of war crimes, crimes against humanity and other serious violations of international humanitarian law. Their crimes were characterised by a particular brutality: children were abducted from their homes, drugged and recruited as child soldiers; young women were raped and sexually assaulted; civilians had limbs amputated; others still were beaten and beheaded. The Trial Chamber imposed a sentence of 50 years each on Brima and Kanu, and 45 years for Kamara. In reaching this determination, the Chamber took into account the large number of victims, their particular vulnerability, the brutality of the crimes, the positions of authority occupied by the Accused. It found there to be no mitigating circumstances in favour of any of the Accused. 


Kovačević: War Crimes Prosecutor v. Vladimir Kovačević aka "Rambo"

Indictment, 26 Jul 2007, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro

Vladimir Kovačević was a Commander of the Yugoslav Peoples’ Army (JNA)  during the Croatian War of Independence (1991-1995). On 6 December 1991, Kovačević allegedly ordered his troops to bombard the city of Dubrovnik. As a result, two people were killed, three others were seriously wounded, six buildings were destroyed, and 46 buildings were substantially damaged.

In February 2001, Kovačević was officially charged with violation of the laws of war (attack against civilians and civilian objects). Even though Kovačević was initially to be tried at the International Criminal Tribunal for the Former Yugoslavia (ICTY), he was declared mentally sick and not fit to stand trial.

In November 2006, the ICTY referred the case to the authorities of the Republic of Serbia.

On 26 July 2007, the Serbian Office of the War Crimes Prosecutor issued an indictment against Kovačević, charging him with war crimes against civilians.


Belhas et al. v. Ya'alon: Ali Saadallah Belhas et al. v. Moshe Ya'alon

Appeal from the United States District Court for the District of Columbia, 15 Feb 2008, United States Court of Appeals for the District of Columbia Circuit, United States

On 4 November 2005, a complaint was filed before the U.S. District Court for the District of Columbia on behalf of people injured or killed during the bombing of the UN compound (an area protected by the UN) in Qana on 18 April 1996 that killed more than 100 civilians and wounding hundreds. The plaintiffs claimed that General Moshe Ya’alon, the head of the IDF Army Intelligence who launched the bombing, should be held responsible for the decision to bomb the UN compound.

On 14 December 2006, the District Court dismissed the case, finding that Ya'alon could not be sued because the Court lacked jurisdiction to prosecute Ya’alon (as he enjoyed immunity under the Foreign Sovereign Immunities Act) and denied the need for jurisdictional discovery.

On 15 February 2008, the U.S. Court of Appeals for the District of Columbia Circuit upheld the decision of the District Court.


Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu

Judgment, 22 Feb 2008, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone

In March 1997, members of the Sierra Leone Army overthrew the government of President Kabbah and installed a new government, the Armed Forces Revolutionary Council.

Brima, Kamara and Kanu were high-ranking members of the AFRC who were convicted by Trial Chamber II of the Special Court for Sierra Leone of war crimes and crimes against humanity. In particular, they ordered, committed, planned or were responsible as superiors for the murders, beatings, mutilations, rapes, forced marriages, abductions, looting, collective punishments and recruitment of child soldiers perpetrated by the AFRC forces. They were sentenced to 50 years’ imprisonment (Brima and Kanu) and 45 years’ imprisonment (Kamara). On appeal, the Appeals Chamber upheld the convictions and the sentencing, despite protests from the Accused that the terms of imprisonment were excessively harsh. The Chamber also made legal findings with respect to forced marriage, finding that it is a distinct crime against humanity from sexual slavery, a novelty in international criminal law. 


Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven

Judgment, 10 Mar 2008, Court of Appeal of The Hague, The Netherlands

During the Second Liberian Civil War (1999-2003), Dutch businessman Guus Kouwenhoven owned the Royal Timber Corporation and had an important position in the Oriental Timber Cooperation. Corporations like Kouwenhoven’s were an important source of income for the regime of Charles Taylor, and a close financial relationship developed between Taylor and Kouwenhoven.

On 7 June 2006, the Dutch Public Prosecutor charged Kouwenhoven with war crimes and with violation of the national regulation which implemented international prohibitions of supplying weapons to Liberia. Although the Court of First Instance found him guilty of arms smuggling (but quashed the war crimes charges), the Court of Appeal later found that he could not be convicted for any of the charges due to lack of evidence.


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